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New complaints registered concerning France

STRASBOURG 11/09/2017
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New complaints registered concerning France

The complaint Confédération générale du travail (CGT) v. France, 154/2017 was registered on 28 July 2017. It relates to article 4§2 (right to a fair remuneration) of the revised European Social Charter. The CGT alleges that French law 2016-1088 authorising the arrangement of working time for a term superior to a week and to extend it up to 3 years is contrary to the Charter because it deprives workers from their rights to fair remuneration and, in particular, to an increased rate of remuneration for overtime work.

Confédération générale du travail (CGT) v. France, No.154/2017

The complaint Confédération générale du travail (CGT) v. France, 155/2017 was registered on 28 July 2017. It relates to article 6§4 (the right to bargain collectively – collective action). The CGT alleges that the so-called rule of indivisible thirtieth (which means that any absence from work during a day leads to a salary deduction of an amount equal to a thirtieth part of a monthly salary, each month being deemed to contain 30 days) provided by law 87-588 of 30 July 1987, which applies to strikes less than one day in the public service entails an unjustified violation of the right to strike of public officials.

Confédération générale du travail (CGT) v. France, No.155/2017


THE CHARTER AT A GLANCE THE CHARTER AT A GLANCE

The European Social Charter is a Council of Europe treaty that guarantees fundamental social and economic rights as a counterpart to the European Convention on Human Rights, which refers to civil and political rights. It guarantees a broad range of everyday human rights related to employment, housing, health, education, social protection and welfare.

The Charter lays specific emphasis on the protection of vulnerable persons such as elderly people, children, people with disabilities and migrants. It requires that enjoyment of the abovementioned rights be guaranteed without discrimination.

No other legal instrument at pan-European level can provide such an extensive and complete protection of social rights as that provided by the Charter, which also serves as a point of reference in European Union law; most of the social rights in the EU Charter of Fundamental Rights are based on the relevant articles of the Charter.

The Charter is therefore seen as the Social Constitution of Europe and represents an essential component of the continent’s human rights architecture.

The 7th edition of the Collected texts provides an updated account of all of the relevant instruments of the Charter, and the functioning of the various bodies which participate in the monitoring procedures.

More information about the European Social Charter

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